concurring in the judgment:
Because I cannot ascertain from the district court’s order the basis for its decision, I, too, would vacate the judgment below and remand for clarification. I do not, however, share the majority’s views of the proper role of the federal courts in considering summary judgment motions, which, judging from its citations and the tone and substance of its reproach of the district court, are obviously based on the state of the law existing before the Supreme Court’s decision in Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Nor do I agree, either in substance or as a matter of proper appellate jurisdiction, with the majority’s “musings” about the issues that should be addressed on remand. Accordingly, I concur only in the judgment of the court that the opinion below be vacated and the case remanded for clarification.